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THE STATES assembled on Thursday 10th June 2021, at 9.30 a.m. under
the Presidency of the Deputy Bailiff , Robert James MacRae , Esquire.
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All members were present at roll call with the exception of –
Senator Ian Joseph Gorst – absent on States business
Senator John Alexander Nicholas Le Fondré – absent on States business
Connétable Sadie Anthea Le Sueur-Rennard of St. Saviour – excused attendance (joined at 10.50 a.m.) Deputy Jessica Harriet Perchard of St. Saviour – excused attendance
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Prayers
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Standing Order 55A – meeting held remotely
THE STATES assembled remotely, in accordance with Standing Order 55A, as the Bailiff considered that it was not possible to convene or maintain a quorate meeting in view of a substantial risk to the health of both States Members and the public.
States Members' Remuneration P.40/2021
THE STATES resumed consideration of the proposition of the Privileges and Procedures Committee entitled States Members' Remuneration' (P.40/2021) and adopting paragraph (a) and sub-paragraphs (i) to (vi) of paragraph (b) –
- referred to their Acts of 25th November 2003, 22nd June 2005 and 12th June 2012, in which the States had established the States Members' Remuneration Review Body and agreed its terms of reference, and agreed to rescind those Acts and disband that body;
- agreed that a new independent system for the setting of States Members' remuneration should be established, based on the following principles –
- the States should set the overall framework for the setting of States Members' remuneration, but should have no role in decisions about the level of remuneration;
- propositions to alter the level of remuneration of States Members should not be permitted;
- members' pay should be linked to an index;
- the Privileges and Procedures Committee should commission an independent person or body during each Assembly term to review the system, including whether the index being used was appropriate, whether the level at which pay was indexed remained appropriate, and other matters such as payments for Members leaving the Assembly and different levels of pay for different roles.
- the independent reviewer should take into account the following principles in assessing States Members' remuneration –
- The level of remuneration should reflect the central importance of elected and accountable people's representatives in the democratic system and the responsibilities and workload associated with the roles they performed;
- The level of remuneration should be sufficient to ensure that Members of the States could enjoy a reasonable standard of living as a result of their position; and
- Remuneration should be set at a level to attract people from all walks of life to serve the Island effectively as a States Member, mindful of the financial constraints under which the States operated;
- the independent reviewer should be under a duty to consult States Members in the course of their review; and should be under a duty to consult the Minister for Treasury and Resources on the economic and fiscal situation in Jersey and to take this into account in making decisions and recommendations on remuneration.
Members present voted as follows –
POUR: 44 CONTRE: 0 ABSTAIN: 0
Senator L.J. Farnham Senator S.C. Ferguson Senator T.A. Vallois Senator K.L. Moore Senator S.W. Pallett Senator S.Y. Mézec Connétable of St. Helier Connétable of St. Lawrence Connétable of St. Saviour Connétable of St. Brelade Connétable of Grouville Connétable of Trinity Connétable of St. Peter Connétable of St. Mary Connétable of St. Ouen Connétable of St. Martin Connétable of St. John Deputy J.A. Martin (H) Deputy G.P. Southern (H) Deputy of Grouville Deputy K.C. Lewis (S) Deputy M. Tadier (B) Deputy M.R. Higgins (H) Deputy J.M. Maçon (S) Deputy S.J. Pinel (C) Deputy of St. Martin Deputy of St. Ouen
Deputy L.M.C. Doublet (S) Deputy R. Labey (H) Deputy of St. Mary
Deputy G.J. Truscott (B) Deputy J.H. Young (B) Deputy L.B.E. Ash (C) Deputy K.F. Morel (L) Deputy G.C.U. Guida (L) Deputy of St. Peter
Deputy of Trinity
Deputy of St. John
Deputy M.R. Le Hegarat (H) Deputy S.M. Ahier (H) Deputy R.J. Ward (H) Deputy C.S. Alves (H) Deputy K.G. Pamplin (S) Deputy I. Gardiner (H)
THE STATES rejected sub-paragraph (vii) of paragraph (b) of the proposition of the Privileges and Procedures Committee that Article 44 of the States of Jersey Law 2005, which required all States Members to be paid the same amount, should be repealed, to permit the independent reviewer to consider the option of introducing different levels of pay for different roles in the States.
Members present voted as follows –
POUR: 18 CONTRE: 25 ABSTAIN: 0
Senator L.J. Farnham Connétable of St. Helier Connétable of St. Saviour Connétable of Grouville Connétable of Trinity Connétable of St. Peter Connétable of St. Mary Deputy J.A. Martin (H) Deputy K.C. Lewis (S) Deputy J.M. Maçon (S) Deputy R. Labey (H) Deputy J.H. Young (B) Deputy L.B.E. Ash (C) Deputy G.C.U. Guida (L) Deputy of St. Peter Deputy of Trinity
Deputy of St. John Deputy I. Gardiner (H)
Senator S.C. Ferguson Senator T.A. Vallois Senator K.L. Moore
Senator S.W. Pallett
Senator S.Y. Mézec Connétable of St. Lawrence Connétable of St. Brelade Connétable of St. Ouen Connétable of St. Martin Connétable of St. John Deputy of Grouville
Deputy M. Tadier (B) Deputy M.R. Higgins (H) Deputy S.J. Pinel (C) Deputy of St. Martin Deputy of St. Ouen
Deputy L.M.C. Doublet (S) Deputy of St. Mary
Deputy G.J. Truscott (B) Deputy K.F. Morel (L) Deputy M.R. Le Hegarat (H) Deputy S.M. Ahier (H) Deputy R.J. Ward (H) Deputy C.S. Alves (H) Deputy K.G. Pamplin (S)
THE STATES, adopting sub-paragraphs (viii) to (x) of paragraph (b), and paragraph (c), of the proposition of the Privileges and Procedures Committee –
- agreed that a new independent system for the setting of States Members' remuneration should be established, based on the following principles –
(viii) the independent reviewer's determinations should take effect automatically, without debate in the States; the independent reviewer could also make recommendations for the
States to consider in respect of matters which required a States decision, such as a change to the law;
- these new arrangements for setting States Members' remuneration should be statutory; and
- the first such review should take place in 2022 and should include establishing the index to which Members' pay should be linked; and
- requested the Privileges and Procedures Committee to bring forward the necessary legislative and Standing Order changes to give effect to this proposition.
Members present voted as follows –
POUR: 41 CONTRE: 2 ABSTAIN: 1
Senator S.C. Ferguson Senator L.J. Farnham Deputy L.M.C. Doublet (S) Senator T.A. Vallois Connétable of St. Saviour
Senator K.L. Moore
Senator S.W. Pallett
Senator S.Y. Mézec
Connétable of St. Helier
Connétable of St. Lawrence
Connétable of St. Brelade
Connétable of Grouville
Connétable of Trinity
Connétable of St. Peter
Connétable of St. Mary
Connétable of St. Ouen
Connétable of St. Martin
Connétable of St. John
Deputy J.A. Martin (H)
Deputy G.P. Southern (H)
Deputy of Grouville
Deputy K.C. Lewis (S)
Deputy M. Tadier (B)
Deputy M.R. Higgins (H)
Deputy J.M. Maçon (S)
Deputy S.J. Pinel (C)
Deputy of St. Martin
Deputy of St. Ouen
Deputy R. Labey (H)
Deputy of St. Mary
Deputy G.J. Truscott (B)
Deputy J.H. Young (B)
Deputy L.B.E. Ash (C)
Deputy K.F. Morel (L)
Deputy G.C.U. Guida (L)
Deputy of St. Peter
Deputy of Trinity
Deputy of St. John
Deputy M.R. Le Hegarat (H)
Deputy S.M. Ahier (H)
Deputy R.J. Ward (H)
Deputy C.S. Alves (H)
Deputy K.G. Pamplin (S)
Deputy I. Gardiner (H)
Arrangement of public business for future meetings
THE STATES, adopting a proposition of Deputy Gregory Charles Umberto Guida of St. Lawrence , agreed that the proposition of the Minister for Home Affairs entitled Jersey Police Complaints Authority: Appointment of Member' (P.55/2021) should be listed for debate at the meeting on 29th June 2021.
THE STATES, adopting a proposition of the Minister for the Environment, resolved to sit in Committee at the meeting on 20th July 2021 in order to consider the report entitled Jersey's Citizens' Assembly on Climate Change' (R.95/2021).
THE STATES, adopting a proposition of the Connétable of St. Ouen , agreed that the Draft Taxation (Partnerships – Economic Substance) (Jersey) Law 202- (P.47/2021) would be considered as the first item of public business at the meeting on 29th June 2021.
THE STATES agreed the following arrangement of public business for future meetings proposed, as amended, by the Chair of the Privileges and Procedures Committee in accordance with the provisions of Standing Order 88(3) –
29th June 2021
Youth Service Provision. P.42/2021. Lodged: 10th May 2021, Senator T.A. Vallois.
Lodged: 12th May 2021, Deputy I. Gardiner of St. Helier .
Draft Proceeds of Crime (Miscellaneous Amendments No. 2) (Jersey) Regulations P.50/2021. 202-.
Lodged: 18th May 2021, Minister for External Relations and Financial Services. Draft Taxation (Income Tax, Goods and Services Tax and Revenue Administration) P.51/2021. (Amendment) (Jersey) Law 202-.
Lodged: 18th May 2021, Minister for Treasury and Resources.
Draft Restriction on Smoking (Standardised Packaging and Labelling) (Jersey) P.52/2021. Regulations 202-.
Lodged: 18th May 2021, Minister for Health and Social Services.
Note: Because of the requirement for a six-week lodging period, the minimum lodging period of the proposition of the Minister for Home Affairs would expire on Thursday 15th July 2021. The Assistant Minister had therefore given notice of his intention to propose, in accordance with Standing Order 26(7), that the minimum lodging period for the proposition be reduced in order that it can be debated at the meeting.
20th July 2021
Draft Public Health and Safety (Rented Dwellings) (Licensing) (Jersey) Regulations P.33/2021. 202-.
Lodged: 16th April 2021, Minister for the Environment.
Draft Public Health and Safety (Rented Dwellings) (Licensing) (Jersey) Regulations P.33/2021. 202- (P.33/2021): Comments. Com. Presented: 2nd June 2021, Environment, Housing and Infrastructure Scrutiny Panel.
Island Plan 2022-25: Approval P.36/2021. Lodged: 19th April 2021, Minister for the Environment.
Note: As all propositions, when lodged, must be listed for debate at a specified meeting, the proposition of the Minister for the Environment had been listed for the first meeting after which the minimum lodging period of 12 weeks would have elapsed. However, in line with the process for the Bridging Island Plan laid out in Planning legislation, the debate on the proposition would not take place until 2022. However, as the Assembly's meeting dates for 2022 have yet to be confirmed, the proposition could not be listed against a date in 2022.
Island Plan 2022-25: Approval - Addendum. P.36/2021. Presented: 19th April 2021, Minister for the Environment. Add.
Draft Elections (Miscellaneous Amendments) (Jersey) Law 202-. P.56/2021. Lodged: 8th June 2021, Privileges and Procedures Committee.
Draft Criminal Procedure (Juries – Tirage) (Jersey) Regulations 202-. P.57/2021. Lodged: 8th June 2021, Minister for Home Affairs.
Draft Discrimination (Amendment of Law) (Jersey) Regulations 202-. P.58/2021. Lodged: 8th June 2021, Minister for Home Affairs.
Draft Criminal Procedure (Consequential and Supplementary Amendments) (Jersey) P.59/2021. Regulations 202-.
Lodged: 8th June 2021, Minister for Home Affairs.
Draft Covid-19 (Election of Jurats) (Jersey) Regulations 202- P.60/2021. Lodged: 8th June 2021, Minister for Health and Social Services.
Draft Single-Use Plastics etc. (Restrictions) (Jersey) Law 202- P.61/2021. Lodged: 8th June 2021, Minister for Infrastructure.
Draft Amendment (No. 52) of the Standing Orders of the States Of Jersey P.62/2021. Lodged: 8th June 2021, Privileges and Procedures Committee.
Draft Access to Justice (Jersey) Law 2019 (Appointed Day) Act 202- P.63/2021. Lodged: 8th June 2021, Chief Minister
Jersey's Citizens' Assembly on Climate Change. R.95/2021. Presented: 1st June 2021, Minister for the Environment.
(Consideration in Committee')
14th September 2021
Draft Civil Aviation (Amendment) (Jersey) Law 202-. P.64/2021. Lodged: 9th June 2021, Minister for External Relations and Financial Services.
5th October 2021
Note: The 2nd reading of the Draft Law would resume, following adoption of the principles on 9th June 2021 and the subsequent referral to the Environment, Housing and Infrastructure Scrutiny Panel under Standing Order 72(1).
THE STATES rose at 11.12 a.m.
W.J.C. MILLOW Acting Greffier of the States